March 12, 2025 Board of Supervisors Poinciana West Community Development District Dear Board Members: The Board of Supervisors of Poinciana West Community Development District will meet Wednesday, March 19, 2025 at 9:30 AM at the Gator Room, 385 Village Drive, Poinciana, Florida. Zoom Information for Members of the Public: Link: https://us06web.zoom.us/j/89503079954 Dial-in Number: (646) 876-9923 Meeting ID: 895 0307 9954 Following is the advance agenda for the meeting: 1. Roll Call 2. Pledge of Allegiance 3. Public Comment Period on Agenda Items 4. Organizational Matters A. Review of Letter(s) of Interest/Resume(s) for Vacancies B. Appointment of Individuals C. Administration of Oath of Office to Newly Elected Supervisor D. Election of Officers E. Consideration of Resolution 2025-02 Electing Officers 5. Approval of Minutes of the January 15, 2025 Board of Supervisors Meeting 6. Review of Pond 19A Damages Memorandum A. Timeline of Events B. De-watering Permit C. Engineer's Report D. Certified Mail to Taylor Morrison et. al. E. Status of Repair Proposals 7. Consideration of Non-Ad Valorem Agreement with Polk County Property Appraiser 8. Consideration of Agreement for Professional Engineering Services with Rayl Engineering 9. Consideration of Resolution 2025-03 Approving Proposed Fiscal Year 2026 Budget and Setting a Public Hearing 10. Review of Stormwater Pond Educational Handout 11. Review of Drain Installation Application 12. Presentation of Draft Financial Audit Report for Fiscal Year 2024 13. Staff Reports A. Attorney B. Engineer C. District Manager i. Check Register ii. Financials D. Field Manager’s Report i. Field Manager’s Report ii. Pond Maintenance Report iii. Midge Management Report iv. Customer Complaint Log v. Consideration of Installation of "Beware of Wildlife" Signs near Ponds 19A and 19B 10. Supervisor's Requests 11. General Audience Comments 12. Other Business 13. Next Meeting Date- May 21, 2025; The Gator Room 14. Adjournment Sincerely, Tricia L. Adams District Manager Poinciana West CDD Board of Directors Feb 5,2025 To Whom if May Concern, My name is Keith Laytham. I am 77 years old and a citizen of the United States. I have lived at 484 Indian Wells Ave 34759 in Solivita since 2008. I am interested in joining the Board of Directors for the Poinciana West CDD. Attached is my resume. I have been active in volunteer activities to make Poinciana a Better Place to live since moving here in 2008. Our group PRFSC ( www.prfsc.org ) has been involved working with the State of Florida and both Polk and Osceola Counties to being improvements to Poinciana since 2010. Projects that our group lobbied to bring to Poinciana include the Village 7 Community Park with Polk County, Valencia College Poinciana Campus, Sunrail Service to Poinciana and Poinciana Parkway. My involvement with New Dimensions HS first as a member of the Board of Directors and more recently as Chairman have resulted in bringing the kids into Solivita for concerts and volunteer events. Our kids have worked with Keep Polk County Beautiful to perform Poinciana road cleanups for many years. My interest in joining the Board of Directors for Poinciana West CDD is to maintain the infrastructure of the Poinciana West CDD District and to share my experience working with Polk and Osceola County governments for the betterment of Solivita. Keith C. Laytham 484 Indian Wells Ave Poinciana Fl. 34759 Home Phone 863 496 1884 Cell 561 236 4090 K.Laytham@att.net Keith Laytham Resume Feb 2025 Bachelor Science Mathematics Randolph Macon College 1969 IBM Corp 1969 – 2001 Retired from IBM 2001 Moved from Wellington Fl to Solivita April 2008 Founded and President PRFSC Poinciana Civic Group 2010 www.Prfsc.org Joined New Dimensions High School Charter School Board of Directors 2017 President NDHS Board of Directors 2022 – Present Moderator NextDoor Social Media 2022 - Present MINUTES OF MEETING POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Poinciana West Community Development District was held on Wednesday, January 15, 2025 at 9:30 a.m. via Zoom Communication Media Technology and in The Gator Room, 385 Village Drive, Poinciana, Florida. Present and constituting a quorum were: Peggy Gregory Chair Roy LaRue Vice Chairman Dr. Maneck Master Assistant Secretary Also present were: Tricia Adams District Manager Scott Clark by Zoom District Counsel Joel Blanco GMS Field Staff Cherrief Jackson Clarke Midge Control Residents The following is a summary of the discussions and actions taken at the January 15, 2025 Poinciana West Community Development District’s Board of Supervisors Meeting. FIRST ORDER OF BUSINESS Roll Call Ms. Adams called the meeting to order and called the roll at 9:31 a.m. A quorum was present. SECOND ORDER OF BUSNESS Pledge of Allegiance The Pledge of Allegiance was recited. THIRD ORDER OF BUSINESS Public Comment Period on Agenda Items There being no comments, the next item followed. FOURTH ORDER OF BUSINESS Organizational Matters A. Review of Letter(s) of Interest/ Resume(s) for Vacancies in Seats 2 & 5 B. Appointment of Individuals to Fulfill Seats 2 & 5 C. Administration of Oath of Office to Newly Elected Supervisor D. Election of Officers E. Consideration of Resolution 2025-02 Electing Officers Ms. Adams reported that as a result of Board vacancies in Seats 2 and 5, the Board directed District management staff to send out a recruitment notice for potential qualified electors. A qualified elector must be at least 18 years of age, a citizen of the United States and the State of Florida, live within the Poinciana West CDD boundaries and registered to vote with the Polk County Supervisor of Elections. As a result of the electronic mail messaging system that advised of the opportunity, one resume was received in December from Mr. Len Kirschbrown, who was in attendance. Mr. LaRue questioned how long Mr. Kirschbrown lived in Solivita. Mr. Kirschbrown indicated that he purchased his home in 2010, became a permanent resident in 2012, was President of the Tennis Association, currently served on the Landscape and Infrastructure Committees and had an engineering background, working for Duke Energy for 32 years. During his career, he was involved with catch basins, piping and pumping and felt that he would be a good fit for the Board, from a mechanical side, as he performed inspections. In response to Ms. Gregory and Mr. LaRue’s questions, he was not a licensed engineer and his current job activities did not preclude him from attending CDD meetings. Ms. Adams confirmed that there was no inherent conflict with Mr. Kirschbrown serving on HOA committees, but anyone appointed to the Board, would be subject to the Sunshine Law. Ms. Gregory voiced concern about two Board Members being in attendance at an HOA meeting. Mr. Clark advised that it was not uncommon for HOA members to be on CDD Boards, but they must avoid any interaction on the HOA side, if there were issues involving the CDD. They could sit and listen to the discussion at the HOA meeting but avoid participation. Ms. Adams recalled that the two Board vacancies, were a result of no one qualifying through the general election process, for terms starting in 2024 and expiring in November of 2028. Dr. Master questioned why Mr. Kirschbrown wanted to be on the CDD Board. Mr. Kirschbrown indicated that he wanted to learn more about the CDD and indicated the CDD had a bad reputation. Dr. Master did not think of it as a bad or good reputation, as it was more about perceiving the CDD as an added cost that residents must incur on their Tax Bills, as when the builder created the CDD, it left the burden of building the infrastructure in the community, on future residents. Mr. Kirschbrown believed that residents were also paying additional fees to have the CDD, as there were contracts for landscaping, attorney and engineering. Dr. Master pointed out that there was a great deal of engineering work to be completed and whether it was split into three pieces or two, the total amount was not going to be different. Mr. Kirschbrown questioned why the CDD was hiring an engineering firm. Dr. Master explained that the builder had not turned everything over yet. Mr. LaRue pointed out that one of the main activities of the CDD, was not just maintaining ponds, but to issue bonds to support all of the infrastructure, because without a CDD, the builder must bear the cost. Mr. Kirschbrown questioned how the CDD verified that the bond money was spent. Ms. Adams explained that before a bond is issued, there is an Engineer’s Report from a certified engineer that identifies the eligible improvements. The costs for those improvements inform the bond sizing and issuance. Before the bond funds can be requisitioned, an engineer certifies the expense is for eligible improvements. Regarding the vacancies, the Board was not required to make a decision today. There was Board consensus to defer the appointment of a Supervisor, in order for staff to issue an additional recruitment notice and consider other candidates. FIFTH ORDER OF BUSINESS Approval of Minutes of the November 20, 2024 Audit Committee & Board of Supervisors Meeting Ms. Adams presented the draft minutes of the November 20, 2024 Audit Committee and Board of Supervisors Meetings, which were included in the agenda package and reviewed by District Management staff and District Counsel. Corrections were provided by Ms. Gregory, which would be incorporated. Mr. LaRue requested a copy of the application form for a French drain to be included in the next agenda. Ms. Gregory asked if Mr. Clark was working on the License Agreement for the security fence on Pond P-16. Mr. Clark confirmed that he prepared a form of the agreement and forwarded it to the District Manager. Dr. Master questioned whether there was a deadline for the fence installation. Ms. Adams explained that the License Agreement provided permission for the HOA to install and maintain the fence, but there was no deadline for the installation, but at Dr. Master’s request, Ms. Adams would find out the status. Ms. Gregory pointed out on Page 12, TM did want to turn over the facilities for free and wanted the HOA and not the CDD, to pay them $26 million without an appraisal. Dr. Master questioned how the HOA would pay for something like this, since they could not issue bonds. Ms. Adams confirmed that the HOA had not requested any information nor have had any discussion with the CDD regarding any potential purchase of amenities. Mr. LaRue requested that the statement, “When this was first contemplated six years ago, the appraisal for these facilities were worth $21 million and now they were worth $26 million,” be stricken. On MOTION by Dr. Master seconded by Ms. Gregory with all in favor the Minutes of the November 20, 2024 Audit Committee & Board of Supervisors Meeting were approved as amended. SIXTH ORDER OF BUSINESS Ratification of Audit Engagement Letter with Grau & Associates Ms. Adams recalled that Grau & Associates (Grau) was ranked as the number one audit firm by the Audit Committee. In order for them to start on the Fiscal Year 2024 audit, their audit engagement letter, was prepared in accordance with the Audit Agreement. The engagement letter must be ratified by the Board, as it was executed by the Chair. On MOTION by Mr. LaRue seconded by Dr. Master with all in favor approval of the Engagement Letter with Grau & Associates to provide auditing services for Fiscal Year 2024 in the amount of $3,400 was ratified. SEVENTH ORDER OF BUSINESS Consideration of Data Sharing and Usage Agreement with Polk County Property Appraiser Ms. Adams presented a Data Sharing and Usage Agreement between the District and the Polk County Property Appraiser, which was included in the agenda package. The agreement provides standards for public records disclosure for exempt information. It was an annual agreement that would be in effect from January 1, 2025 through December 31, 2025 and staff recommended approval. It was substantially the same as what was approved last year, but there was a newly elected Property Appraiser who signed for the County. On MOTION by Mr. LaRue seconded by Dr. Master with all in favor the Polk County Property Appraiser Data Sharing and Usage Agreement was approved. EIGHTH ORDER OF BUSINESS Review of Proposals for Professional Engineering Services A. Dewberry Engineers, Inc. B. Rayl Engineering & Surveying, LLC Ms. Adams recalled that the District Engineer provided a letter of resignation but was serving on a month-to-month basis, at the pleasure of the Board. The Board directed staff to submit a Request for Qualifications (RFQ) for engineering services and as a result, two proposals were received, which were presented to the Board in November. One proposal was from Dewberry Engineers, Inc. (Dewberry) and the other from Rayl Engineering & Surveying, LLC. (Rayl). The Board reviewed the proposals at the November meeting and requested their current fee schedules, which were including along with the proposals in the agenda package. Mr. Clark explained that in an RFQ, prices were not submitted and the selection was based on experience. However, there was an exception when engineering expenses were expected to be $35,000 or less, which the District falls into, which was why he was not opposed to the Board’s request for their hourly rates. Mr. LaRue selected Rayl, as Dewberry charged an hourly rate of $320, compared to Rayl charging $225 per hour. Ms. Gregory agreed, as they did not need a $320 per hour engineer, since there was not much engineering work to be completed. Ms. Adams pointed out that Dewberry had a senior engineer that led the project and a junior engineer attend CDD meetings. Ms. Gregory recalled the agreement having a 30-day termination provision. Ms. Adams noted that Rayl was the District Engineer for Lake Ashton, which was a similar environment as Solivita. Mr. LaRue asked if the engineering documents were retained at GMS. Ms. Adams confirmed that there were some documents that Ms. Leo and her team could access but would request records that were not through public portals. Ms. Gregory recalled that the last complete inspection Ms. Leo performed of all ponds was in May or June and would not need immediate service, unless there was an issue with a weir or water seeping out of a pond. On MOTION by Ms. Gregory seconded by Mr. LaRue with all in favor selecting Rayl Engineering & Surveying as the number one firm to provide professional engineering services and authorization for District Counsel to prepare the form of agreement was approved. Mr. LaRue requested that Rayl attend meetings in-person. Ms. Adams would request that they attend the first meeting in person. Ms. Gregory was amenable to Rayl attending future meetings by phone. Mr. LaRue questioned the lead engineer for Lake Ashton. Ms. Adams confirmed that it was Mr. Alan Rayl. Mr. Clark would prepare the form of agreement and provide to the District Manager the first part of next week. NINTH ORDER OF BUSINESS Ratification of Proposal for Pond 19-A Stormwater Pond Repair Inspection This item was discussed under the District Engineer’s Report. TENTH ORDER OF BUSINESS Staff Reports A. Attorney Mr. Clark recalled discussion at last month’s meeting, regarding a loss of water in Pond 19-A. After the meeting, he spoke with the District Manager's office, to understand all of the details involved and to develop a timeline of what occurred. In April of last year, field staff and residents noticed that the pond level was progressively getting lower. Mr. George Flint initiated conversations with Taylor Morrison (TM), due to some work that was occurring in the Westview South CDD and dewatering that occurred across Cypress Parkway, which lowered water levels. Mr. Flint requested a report and proposal from TM of what they were going to do about the lower water level. While waiting for the proposal, Junior Davis, the site contractor for Westview South, they did some cleanup work on the pond, due to the low water level, erosion and damaged sod, without notifying CDD staff, which was unacceptable. According to Junior Davis, the work was completed, but not to the satisfaction of the CDD. As a result, a proposal was requested from Ms. Leo, since she was familiar with the pond, to evaluate the repairs that were made and provide a report and recommendation for remediation work. Mr. Clark would then communicate with TM on what needed to be done and what professional or other expenses the CDD incurred, which they needed to reimburse the CDD for and the expectation that they would never do work on CDD property without permission. Ms. Gregory found it ironic that Mr. Clark and Ms. Adams had a timeline, as she requested, when this matter came to the Board’s attention, to put a specific timeline in writing on what was occurring on Pond 19-A, versus Mr. Flint going onto Pond 19-A and having conversations that the Board did not know about. She was tired of the fact that all residents paid for all fees, charges, everything, but staff could not inform the Board what was occurring, as a courtesy. Furthermore, Ms. Gregory reviewed the permit on the property that was recorded in January, to verify that the CDD owned the property and not TM. Ms. Adams apologized for missing that Ms. Gregory requested a timeline, as it was completely her fault. After Mr. Clark requested a timeline, she prepared one, which she could provide to the Board. Mr. LaRue requested that it be included in the next agenda package but questioned what Mr. Flint was doing on Pond 19-A, without informing the Board. Ms. Adams confirmed that field staff and not Mr. Flint was performing routine inspections. The field staff informed the District Engineer in July, that the pond was lower than it should be. At that point, the District Engineer provided as-builds and maps to field staff, to look into this matter further. Field staff did so and on August 26th, field staff informed Ms. Adams that it appeared that the low water level was caused by dewatering that was occurring outside of the community. Ms. Adams then notified Mr. Flint, as she never encountered this situation and asked for a recommendation, as he worked with CDDs for decades and was familiar with the parties involved with the nearby project. Pictures and a map of the damages at Pond 19 were requested, which he then forwarded to TM on October 2nd. Ms. Gregory voiced frustration that Mr. Flint was informed immediately, but the Board was never told about it, until it was discussed in November. Ms. Adams pointed out that the Board was informed at their next meeting after the situation came to light. Mr. Clark clarified that in his review of the documents, there were some comments going back to April regarding the lower pond level, but it was the dry season when pond levels were expected to be low. However, in July when the water level continued to be low, after they were in the rainy season, field staff became alarmed, which resulted in field staff performing inspections, taking photos and were informed about a project under construction across Cypress Parkway, involved dewatering. It was intended that TM would present a proposal that would be considered by the Board at the November 20th meeting, to remediate the situation, but they did not provide it and instead, started doing the work without notifying anyone. Resident Mary Ann Bull of 354 Vestrella Drive, who lived on Pond 19-A, clarified that not only was Pond 19-A was low, but Pond 19-B, across Solivita Boulevard, was also low, but not quite as drastically. Mr. Blanco pointed out that there was a conservation area that divided the pond. Ms. Bull noted that she lived on Pond 19-A for five years and noticed water levels receding two summers ago. When Mr. Blanco inspected it recently, he deemed that it was a drastic loss in water levels, as it was 15 feet below the normal level. There was a watermark on the weir and the current water line, was at the bottom of the weir. Mr. Blanco recalled in April, that the pond was low, but during that timeframe, many ponds were low. He made a note to monitor it during the rainy season, but once Ms. Bull contacted her in the middle of summer, he measured the pond, as he expected it to rise, but it failed to do so. Mr. Blanco then researched to see what the issue was, by inspecting the pond periodically and speaking to the District Engineer, versus informing the Board. Mr. LaRue expected the Board to be informed if there was a problem, even if they did not have all of the details. Ms. Gregory understood what Mr. Blanco was trying to do but wanted to be notified immediately about a problem and that they were working on it. Dr. Master wanted further communication with the Board, so there was no confusion. Ms. Gregory asked if all 31 ponds owned by the District were checked twice per month. Mr. Blanco confirmed that it was manageable to inspect all 31 ponds twice per month, as it was not the size of the scope of the Poinciana CDD. Ms. Adams clarified that as soon as this issue was reported on July 29th, Mr. Blanco not only communicated with her, but he also communicated with Mr. Clayton Smith, the prior Field Manager. There was Board consensus for Ms. Adams to provide a written timeline to the Board and in the future, staff inform the Board of any issues. Mr. LaRue asked if the community across the street had a permit to dewater the pond. Ms. Gregory indicated that she reviewed 65 pages of permits and if they were for dewatering, they were marked, but according to Mr. Clark, there was not a specific dewatering permit. Mr. Clark would verify this with Ms. Leo. Dr. Master asked if there were legal ramifications, if TM did not have the right to dewater. Ms. Gregory confirmed that the CDD would receive reimbursement of all funds spent, but suggested having staff contact Junior Davis to request a copy of their permits. Mr. Clark pointed out that he contacted the attorney for TM to request this information, but at Mr. LaRue’s request, would request a copy of their dewatering permit and provide to the Board at the next meeting. On MOTION by Mr. LaRue seconded by Dr. Master with all in favor the approval of a proposal from GAI for an inspection of the work that Taylor Morrison completed on Pond 19A in the amount of $1,500 was ratified. Ms. Bull reported that two people were working on the Pond 19-A weir yesterday. Ms. Gregory noticed it as well and requested an update from Mr. Blanco, as there was a proposal to patch the seam on the 19-A weir box. Mr. Blanco confirmed that the work was completed yesterday. Ms. Gregory voiced concern with not being informed that people were walking on the weir with shovels and after some phone calls, she was informed that GMS staff was doing work. Ms. Gregory did not want this work to interfere with the $1,500 that they were paying Ms. Leo to perform a complete inspection. Mr. Blanco was asked by Ms. Bull whether the weir box had anything to do with the dewatering and he informed her that it did not. According to Mr. Smith, if a weir box was leaking from the seam, it had nothing to do with the dewatering, but agreed that it should have been left unattended until after the inspection, which was scheduled for today. Mr. Blanco pointed out that the proposal was approved at the November meeting, he requested the work to be done prior to this meeting, which included removing some vegetation. Ms. Bull noted there were tree weeds in the pond, which Floralawn was removing, but asked why they were throwing the dead material into the pond. Ms. Gregory was informed that they were laying the material next to the pond and coming back out with a wagon to remove the sticks and relocating it to the conservation area. Mr. LaRue requested that staff work with Floralawn to remove the trees from the pond, as this was unacceptable. Mr. Blanco would speak to Floralawn. B. Engineer There being no comments, the next item followed. C. District Manager i. Approval of Check Register Ms. Adams presented the Check Register for September 1, 2024 through December 31, 2024 in the amount of 928,913.18, which included the detailed invoices and Check Run Summary. There was a large payment from the transfer of tax receipts to the Trustee, in the amount of $666,908. Ms. Gregory pointed out that there were many credits and subtractions. Ms. Adams explained that there were some voids. Mr. LaRue asked if GMS was going to offer direct deposit, so there were no check issues. Ms. Adams was not aware of any plans, but would verify this; however, there were fraud protection services on the bank account. Ms. Gregory recalled a request that she made yesterday, for six months’ worth of bank statements that she had not received, to see what the monthly charge for fraud alert was. She further wanted GMS to consider using ACH, versus writing six checks per month, as it takes three and a half minutes for it to go through ACH. Dr. Master agreed, as it was ridiculous for people not to use ACH. Ms. Adams would forward the bank statements and see if GMS could offer ACH. ii. Financials On MOTION by Dr. Master seconded by Mr. LaRue with all in favor the Check Register as stated above was approved. Ms. Adams presented the Unaudited Financials through the end of December 31, 2024, which were included in the agenda package. Ms. Gregory pointed out in July, there was a total investment balance of $829,311, $788,000 in November and $719,000 in January. There was also a money market earning 5.15% and a 12-month CD with Bank United with a balance of $151,481; however, she did not know if interest was accruing monthly or had a term of 12 months. In addition, there was a $150,000 CD, that was supposed to mature at 4.5% on July 31, 2025; however, the investment summary showed the wrong interest rate. Ms. Adams would make this correction. Ms. Gregory further pointed out that there was currently a $110,247.71 difference between the investment pool in between July and January and questioned whether this amount was included in the $719,000. Ms. Adams explained that until tax revenues were received, the District was using surplus funds to pay bills, but as the funds were needed, they were moved back from the investment account. No Board action was required on the financials. Ms. Adams noted tax receipts were received in December and the District was well collected for this time of year. The Board did an excellent job of controlling expenses and the November payments for debt service that were due for interest, were made and there were some special calls. D. Field Manager’s Report i. Field Manager’s Report ii. Pond Maintenance Report Mr. Blanco presented the Field Manager and Pond Maintenance Reports, which were included in the agenda package. GMS staff continued to review ponds throughout the District. There was a significant drop in algae blooms in ponds throughout the District, especially frequent algae blooms in Ponds P-21 and P-22, but the blooms were containable. Ponds experiencing excessive edge grass overgrowth, were frequently sprayed and he asked the landscaping vendor, to mow several of the pond banks, to assist with the overgrowth containment. It was unknown if the spray treatments were effective, but some decreased in size, with thinning and browning, which were all indicators that the treatment was taking effect, especially with Ponds P-8 and P-16. • Consideration of Proposal to Hydroraking of Pond 16 (Item 10Dv) At the request of the Board, Mr. Blanco presented a proposal from Solitude for the hydroraking of Pond P-16, due to the excessive or constant overgrowth of edge grasses, in the amount of $52,000. Ms. Gregory was not in favor of approving it, as she could hydrorake it for $5,000. Mr. Blanco agreed that this amount was excessive for one pond. Ms. Adams pointed out that this was not a recommendation from staff. Mr. Blanco indicated that the alternative was to continue with their current treatment plan and allowing nature to take its course. Ms. Gregory agreed. • Pond Maintenance Report (Con’t) Mr. Blanco reported that GMS staff reviewed all the landscaping areas throughout the District. While reviewing the ponds, the downed tree on the easement on Pond P-1, was removed by the landscaping vendor. The landscaping remained in satisfactory standards, with clean and tidy easements at the end of resident property lines and bank levels at appropriate height levels. The mowing had been more frequent during the dry season for the dry ponds, since there had been little to no rain and less sprinkler use. The dry pond on P-3 was scheduled for another round of mowing in the month of January. Pond P-1 could not be mowed, as it had several areas where there was some mud and the mower could get stuck. They were looking at alternatives to get the pond bank mowed, without using a big driving mower and to confirm that maintenance staff removed the vegetation in both of those outlets for P-1 and P-2, which was approved at the last meeting. Pond P-19 was discussed at length. Ms. Bull questioned what the next step was. Ms. Adams indicated that after the inspection, they would determine the next step. Mr. LaRue recalled that Mr. Blanco was going to work with the landscaper, to get this pond corrected. Mr. Blanco explained that the vegetation could produce algae and if there was any evidence of it, he would schedule a treatment for this pond. Ms. Bull recalled two treatments on this pond. Mr. Blanco confirmed that the treatments were for weeds, which ordinarily would decay in high water levels, but since water levels were low, Floralawn had to mow to clear it up. Ms. Bull asked if the sod should be removed. Mr. Blanco confirmed that it was dry Bahia, which looked brown in the dry season, but would turn green in the Spring rains when there was sufficient iii. Midge Management Report iv. Customer Complaint Log water. Ms. Gregory preferred that it not be removed for now and that they wait for the inspection by the District Engineer and for the rains, because if it needed to be removed, it would be part of the legal process against TM. Mr. LaRue requested that it be part of Ms. Leo’s report, as to whether or not the grass should be removed. The November Aquatics Treatment Log was not included, because the notebook that the aquatics vendor was taking notes on, fell into a pond during a treatment. However, he had notes for the December report, which he would forward to the Board or include it in the March agenda package. Mr. Blanco presented the Midge Management Reports and Customer Complaint Log, which were included in the agenda package. Mr. LaRue asked if there were any midge complaints. Ms. Gregory pointed out that it was too cold for midges. Mr. Blanco confirmed that there were no midge complaints. v. Consideration of Proposal to Hydroraking of Pond 16 This item was discussed. TENTH ORDER OF BUSINESS Supervisor’s Requests There being no comments, the next item followed. ELEVENTH ORDER OF BUSINESS General Audience Comments Mr. LaRue thanked Ms. Bull for attending this meeting. Ms. Bull was thankful that actions were being taken. TWELFTH ORDER OF BUSINESS Other Business There being no comments, the next item followed. THIRTEENTH ORDER OF BUSINESS Next Meeting Date – March 19, 2024; The Gator Room Ms. Adams reported that the next meeting was scheduled for March 19, 2025 at 9:30 a.m. in The Gator Room. FOURTEENTH ORDER OF BUSINESS Adjournment On MOTION by Dr. Master seconded by Ms. Gregory with all in favor the meeting was adjourned. ________________________________ ________________________________ Secretary / Assistant Secretary Chair/Vice Chairman 26 of 173 M E M O R A N D U M From: Clark & Albaugh To: Board of Supervisors Poinciana West Community Development District Date: March 19, 2025 Subject: Water Level Situation in Pond 19A The intent of this Memorandum is to summarize the findings of staff related to the Pond 19A damage and to discuss actions taken and actions needing to be taken by the board. During the board meeting on November 20, 2024, Staff reported to the Board certain events that had occurred at Pond 19A. A timeline of events was generated after that meeting and is attached here as Exhibit “A.” In summary, the developer of Westview, a project directly across Cypress Parkway from Pond 19A, was in the process of doing sitework for the southernmost portion of the project, which it refers to as Pod B. The sitework involved a dewatering process used during the excavation of a large retention pond, and that dewatering affected the water levels of Pond 19A. This Board directed staff and District Counsel to become involved in the process to determine the events that had transpired, to determine the scope of damage and any required corrective action and to ensure that the parties responsible reimburse the District for any costs or damages. This firm reviewed the timeline of facts with District Management. We reviewed the South Florida Water Management District (“SFWMD”) GIS permitting portal to determine the existence of active projects in the immediate area of the District. The Westview project was identified as being most likely to have originated the problem. Westview is a Taylor Morrison project and is contained within a community development district known as Westview South CDD. Since this is a public entity, we reached out to the District Manager and District Counsel, both known by us, asked whether they were aware of the issue and made a request for public records. Both manager and counsel were unaware of the damage to Pond 19A. They did, however, provide requested records about the site work process, including the site work contract with all addenda and change orders. The district engineer requested a $1500 cost deposit to research permits for the project. We declined this and were able to obtain permit information with minimal effort. Contract documents reveal that Jr. Davis Construction Company, Inc. entered into a “Master Agreement for Land Development Services with Taylor Morrison of Florida, Inc. on March 28, 2022 for the Pod B site work, at a contract price of $31,171,751.90. The contract has subsequently been amended and assigned, first to LT Westview, LLC, a Taylor Morrison subsidiary, and then to the Westview South Community Development District. The contract documents are available from this office if requested. The parties to the contact and their assigns are referred to as the “Contracting Entities.” The site work in question was the subject of numerous local government permits, including those from SFWMD. The Board expressed concern at the January meeting over whether the appropriate dewatering permit was obtained. The dewatering was performed pursuant to Permit Number 49- 02922-W, issued on June 28, 2023. A copy is attached as Exhibit “B” to this Memorandum. The permit contains a number of standard conditions that govern adverse effects on property outside of the project area. In our opinion, the contracting parties are liable for damages resulting from the dewatering activities. As outlined in the timeline and in this firm’s correspondence to the Westview Contracting Parties, the contractor on the Westview project, Jr. Davis Construction Company, Inc. entered onto the Pond 19A property on or about December 2, 2024 and performed certain remedial work after being informed of the damage. The work occurred during ongoing discussions between the District Manager and Taylor Morrison and was conducted without prior notice or permission from the Board of Supervisors or District Staff. Based upon the Staff and Board discussions, the District engaged GAI Consultants to evaluate the damage to Pond 19A and to assess the effects of the attempted corrective work performed in December, 2024. An inspection was conducted and a report with recommendations was delivered to the District. That report is attached as Exhibit “C.” After receiving the report, the District Manager began to solicit proposals for corrective action. Certain proposals have been submitted, but GAI Consultants has recommended that they be revised so that they meet the required scope of work as recommended. This firm has prepared and delivered a letter to all of the Westview Contracting Parties stating the District’s position and expectations for the Pond 19A restoration. This letter has been received by all of the parties and we await their responses. A copy is attached as Exhibit “D.” Exhibit “A” Timeline of Events July 29, 2024 Field Management notified District Engineer Pond P19A has a low water level based on s ite review July 26, 2024. Photographs were provided. S taff discussion e nsured regarding photographs, nearby ponds and the timeline for the low water level. DE provided as builts and guidance for further field management review. August 26, 2024 Field staff followed up with the District Engineer to advise of conditions and to advise that nearby residents reported the pond started to lower in April when Taylor Morrison started construction at a community across from Solivita. Kathy explained that although the ponds are not connected, the water table can be drawn down to the extent is other ponds in the area can have water levels drop. August 2 7, 2024 G eorge F lint a dvised h e w ould c ontact t he d eveloper a nd r equested photographs and map of erosion. October 2, 2024 Field staff provided map and photographs to George Flint. George Flint provided information to Taylor Morrison representative Josh Kalin regarding repair PWCDD pond 19A that occurred due to dewatering at the Westview Project. October 11 TM sent George a message that they are discussing approval of remedial work at Solivita October 17, 2024 follow up e mail to TM from field staff regarding status. October 22, 2024 follow up message to TM from George Flint regarding status. October 31, 2024 George called Josh. TM indicated they had a vendor assess the locations and were gathering a proposal for the work. November 12, 2024 George spoke to Josh who indicated they are still waiting for a proposal. November 2 0 the m atter w as r eported t o t he P WBOS w ho a sked C ounsel t o p ut T M o n notice. December 4 Field staff notified Peggy Gregory repair was in process December 5 Josh sent George message work should be completed by December 6 December 18 - DM staff reached out to Peggy to authorize engineer’s inspection of repairs NOTICE OF RIGHTS As required by Chapter 120, Florida Statutes, the following provides notice of the opportunities which may be available for administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes, or judicial review pursuant to Section 120.68, Florida Statutes, when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Some of the legal proceedings detailed below may not be applicable or appropriate for your situation. You may wish to consult an attorney regarding your legal rights. RIGHT TO REQUEST ADMINISTRATIVE HEARING A person whose substantial interests are or may be affected by the South Florida Water Management District’s (District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Florida Statutes. Persons seeking a hearing on a District decision which affects or may affect their substantial interests shall file a petition for hearing in accordance with the filing instructions set forth herein within 21 days of receipt of written notice of the decision unless one of the following shorter time periods apply: (1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Florida Statutes; or (2) within 14 days of service of an Administrative Order pursuant to Section 373.119(1), Florida Statutes. "Receipt of written notice of agency decision" means receipt of written notice through mail, electronic mail, posting, or publication that the District has taken or intends to take final agency action. Any person who receives written notice of a District decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. If the District takes final agency action that materially differs from the noticed intended agency decision, persons who may be substantially affected shall, unless otherwise provided by law, have an additional point of entry pursuant to Rule 28-106.111, Florida Administrative Code. Any person to whom an emergency order is directed pursuant to Section 373.119(2), Florida Statutes, shall comply therewith immediately, but on petition to the board shall be afforded a hearing as soon as possible. A person may file a request for an extension of time for filing a petition. The District may grant the request for good cause. Requests for extension of time must be filed with the District prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and whether the District and any other parties agree to or oppose the extension. A timely request for an extension of time shall toll the running of the time period for filing a petition until the request is acted upon. FILING INSTRUCTIONS A petition for administrative hearing must be filed with the Office of the District Clerk. Filings with the Office of the District Clerk may be made by mail, hand-delivery, or e-mail. Filings by facsimile will not be accepted. A petition for administrative hearing or other document is deemed filed upon receipt during normal business hours by the Office of the District Clerk at the District’s headquarters in West Palm Beach, Florida. The District’s normal business hours are 8:00 a.m. – 5:00 p.m., excluding weekends and District holidays. Any document received by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows: • Filings by mail must be addressed to the Office of the District Clerk, 3301 Gun Club Road, West Palm Beach, Florida 33406. • Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the District's security desk does not constitute filing. It will be necessary to request that the District's security officer contact the Office of the District Clerk. An employee of the District's Clerk's office will receive and process the petition. • Filings by e-mail must be transmitted to the Office of the District Clerk at clerk@sfwmd.gov. The filing date for a document transmitted by electronic mail shall be the date the Office of the District Clerk receives the complete document. INITIATION OF AN ADMINISTRATIVE HEARING Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Rules 28-106.201 and 28- 106.301, Florida Administrative Code, initiation of an administrative hearing shall be made by written petition to the District in legible form and on 8 1/2 by 11 inch white paper. All petitions shall contain: 1. Identification of the action being contested, including the permit number, application number, District file number or any other District identification number, if known. 2. The name, address, any email address, any facsimile number, and telephone number of the petitioner, petitioner’s attorney or qualified representative, if any. 3. An explanation of how the petitioner’s substantial interests will be affected by the agency determination. 4. A statement of when and how the petitioner received notice of the District’s decision. 5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the District’s proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the District’s proposed action. 8. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the District to take with respect to the District’s proposed action. MEDIATION The procedures for pursuing mediation are set forth in Section 120.573, Florida Statutes, and Rules 28- 106.111 and 28-106.401–.405, Florida Administrative Code. The District is not proposing mediation for this agency action under Section 120.573, Florida Statutes, at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Section 120.68, Florida Statutes, and in accordance with Florida Rule of Appellate Procedure 9.110, a party who is adversely affected by final District action may seek judicial review of the District's final decision by filing a notice of appeal with the Office of the District Clerk in accordance with the filing instructions set forth herein within 30 days of rendition of the order to be reviewed, and by filing a copy of the notice with the appropriate district court of appeals via the Florida Courts E-Filing Portal. SUMMARY This application is for a new Individual Water Use Permit for construction dewatering for the proposed Westview Pod B residential development. The Westview project site is located north of Cypress Parkway and west of Poinciana Parkway within Sections 3, 4, 9, 10, Township 27 South, Range 28 East, in Osceola County, Florida. The project is an approximately 880-acre proposed residential development that will include residences, common areas, multiple lakes, and associated infrastructure (roads, utilities, amenities, etc.). This dewatering permit will be for new lake excavations and installation of underground utilities (stormwater drainage and deeper portions of the sanitary sewer). All dewatering effluent will be stored onsite. Existing land surface elevation at the project site generally ranges between approximately +65 feet NAVD to +73 feet NAVD from west to east respectively, and averages about +69 feet NAVD. The maximum dewatering depth will be to +37 feet NAVD (about 32 feet below grade) for lake excavations. Deep Sewer utilities and lift stations (when designed) will be no deeper than + 37 feet NAVD. The majority of stormwater drainage structures will be installed above +60 feet NAVD (about 9 feet below grade). Preserves or potentially sensitive areas located on or adjacent to the project property. Recharge trenches and onsite retention areas will be constructed between the locations being dewatered and preserves in order to protect these areas. The location of these containment areas will minimize potential adverse impacts due to lowered water levels from onsite dewatering. An Environmental Resource Permit Application (ERP App. No. 220401-33803) has been submitted for the project. This dewatering permit application corresponds to ERP App. No. 220401-33803. SECTION A GENERAL INFORMATION 1. PURPOSE The purpose of this new Individual Dewatering permit is to allow dewatering to facilitate lake excavations and installation of underground utilities. Withdrawals are from the Water Table Aquifer via six proposed withdrawal facilities. The South Florida Water Management District (SFWMD) will be notified at least 72 hours prior to commencement of dewatering. No offsite discharge will be required under this permit and all effluent will be maintained on the project property. A copy of the permit, with its limiting conditions and dewatering plan, will be kept onsite at all times during dewatering operations by the lead contractor or site manager. 2. OWNER/APPLICANT LT Westview, LLC 2600 Lucian Drive, Suite 350 Maitland, Florida 32751 The completed SFWMD Form 1379 (2014-07) for Water Use Permit Applications is provided as Exhibit A and the completed SFWMD Supplemental Form D 1383 (2014-07) for Dewatering Use is provided as Exhibit B. 3. PROOF OF OWNERSHIP Ownership information from Polk County and Osceola County Property Appraisers are provided as Exhibit C. 4. CONSULTANT/AGENT Water Science Associates, Inc., 13620 Metropolis Avenue, Suite 110, Fort Myers, FL 33912 is the consultant for the preparation of this application. 5. AUTHORIZATION The completed SFWMD Form 1379 (2014-07) for a Water Use Permit Application is provided as Exhibit A. Section IX – Applicant Certification of Form 1379 and is signed by the Owner which authorizes Water Science Associates to submit this application. 6. PERMIT HISTORY This application is for a new Individual Water Use Permit for Dewatering and corresponds to ERP Application No. 220401-33803. Portions of the project area have been previously permitted for dewatering under Water Use Permit No. 49-01729-W for the proposed Solivita Grand development. Construction and dewatering of the project were delayed and the permit expired on October 15, 2015. 7. PRE-APPLICATION MEETINGS No pre-application meetings have been held regarding this water use with the SFWMD. SECTION B PROJECT INFORMATION 1. PROJECT LOCATION AND DESCRIPTION This application is for a new Individual Water Use Permit for Construction Dewatering with a requested duration of 3 years for dewatering for lake construction and utility installations stormwater drainage and deeper portions of sanitary sewer) for the Westview Pod B residential development. The Westview Pod B project site is located north of Cypress Parkway and west of Poinciana Parkway within Sections 3, 4, 9, 10, Township 27 South, Range 28 East, within Osceola County, Florida. The project is an approximately 880-acre proposed residential development that will include residences, common areas, 34 lakes and ponds, and associated infrastructure (roads, utilities, amenities, etc.). Refer to Figure 1 for a regional location map of the project site and refer to Figure 2 for an aerial map showing the project footprint. Existing land surface elevation at the project site generally ranges between approximately +65 feet NAVD to +73 feet NAVD from west to east respectively, and averages about +69 feet NAVD. The maximum dewatering depth will be to +37 feet NAVD (about 32 feet below grade) for lake excavations. Deep Sewer utilities and lift stations (when designed) will be no deeper than + 37 feet NAVD. The majority of stormwater drainage structures will be installed above +60 feet NAVD (about 9 feet below grade). Recharge trenches and onsite retention areas will be constructed between the locations being dewatered and preserves in order to protect these areas. The location of these containment areas will minimize potential adverse impacts due to lowered water levels from onsite dewatering. SECTION C WATER USE INFORMATION - DEWATERING 1. INTRODUCTION The installation of underground utilities (stormwater drainage and deeper portions of sanitary sewer) and lake excavations will require dewatering. The lithologies expected at the site are primarily fine to medium grained sand and clayey sand which are discussed in more detail below. The following subsections also include the dewatering plan, radius of influence, and pumpage estimates. Dewatering effluent will not be discharged from the project site. To aid in determining the lithology, hydrogeology, and water quality (with respect to dissolved chloride concentrations) of aquifers and confining intervals in the vicinity of the Westview Pod B project site, Water Science Associates evaluated the following data sources: • Hydrogeologic data from well ROMP74X extracted from the SFWMD DBHYDRO database, located approximately 2.8 miles west of the project site. Refer to Exhibit D for excerpts of this report. • Onsite soil borings provided by Universal Engineering Sciences, Report No. 1923745v3. Excerpts of this report are provided as Exhibit E. • SFWMD ePermitting database and nearby Water Use Permit Staff Reports. 2. SHALLOW LITHOLOGY AND HYDROGEOLOGY A total of 49 soil borings were advanced to depths varying from 10 to 35 feet below grade at the project site. Review of the soil boring logs indicate that the upper 35 feet of strata generally consists of fine to medium-grained sand and clayey sand. No limestone or clay confining units were encountered in the upper 35 feet. Water levels encountered during completion of the soil borings indicated levels generally ranged from one to three feet below grade. The shallow sandrich sediments typically exhibit relatively low permeability and dewatering can often be accomplished at relatively low dewatering rates (less than 1 million gallons per day [MGD]) within these strata. Review of the SFWMD DBYHDRO database of well ROMP74X, located approximately 2.8 miles west of the project site, indicates the base of the Surficial Aquifer occurs at approximately 225 feet below grade. Considering the maximum proposed dewatering depth at the project is approximately 32 feet below grade (+37 feet NAVD), excavation and dewatering operations are not expected to penetrate the confining units between the Water Table Aquifer and underlying Aquifers. The nearest source of saline surface water is the Indian River estuary, located approximately 60 miles east of the project site. Saline water intrusion or upconing in the Water Table Aquifer is not considered to be an issue in this portion of Polk and Osceola County. 3. DEWATERING PLAN Dewatering for underground utilities and lake excavations at the project site will consist of the use of sumps and trench boxes where necessary. Dewatering effluent for utility and lake installations will be maintained on the project property and stored in recharge trenches (where necessary), temporary retention basins, and the previously constructed lake system. There will not be offsite discharge of dewatering effluent. Existing land surface elevation at the project site generally ranges between approximately +65 feet NAVD to +73 feet NAVD from west to east respectively, and averages about +69 feet NAVD. The maximum dewatering depth will be to +37 feet NAVD (about 32 feet below grade) for lake excavations. Deeper sanitary sewer infrastructure, including lift stations, will be no deeper than +47 feet NAVD (approximately 22 feet below existing grade). The majority of stormwater drainage structures will be installed above +60 feet NAVD (about 9 feet below grade). Dewatering sequences at the project site will be completed in two phases. Generally, Phase 1 of dewatering will begin with the installation of the new lakes. Phase 2 of dewatering will include deeper portions of utilities with the use of sumps followed by shallow utilities. Utility installations are linear and relatively fast moving, which will prevent prolonged periods of pumping from any single location. Sheet piling and excavation boxes will be used where necessary to aid in stabilization of the excavation slopes as well as to provide a partial barrier to horizontal groundwater flow. Procedurally, discharge water will be directed from the area being dewatered to recharge or conveyance trenches (where necessary), temporary retention basins and/or the previously excavated onsite lake or lake segments. Lake installation may be subdivided into sections during construction and dewatering. The size of the lake segment may be adjusted based on actual site conditions and the ability to maintain dewatering effluent onsite. Temporary retention basins and recharge trenches will be placed to provide recharge separating the areas of dewatering from existing offsite wetlands and preserves, and other existing users of the Water Table Aquifer. Water produced during dewatering activities will be maintained onsite and in close proximity to the area being dewatered. Temporary retention basins will only be constructed when necessary and will not be used if the existing lake system provides sufficient storage capacity. Refer to Figure 4 for a map showing expected lake dewatering sequence with conceptual locations of recharge trenches and temporary retention basins to be used to contain dewatering effluent. Refer to Figure 5 for a map showing conceptual dewatering for utility installations. Figure 6 shows typical cross sections of a recharge trench and retention basin berms. The dewatering requirements of the project are anticipated to be completed with the use of multiple hydraulic pumps with the incorporation of sock pipes and/or wellpoint systems for installation of deep utilities and lake excavations. Pump sizes will range between 4-inch and 12- inch diameter hydraulic pumps. A list of pumps that may be used at the site is provided in the “Summary of Surface Water (Pump) Facilities” table of the application form (Exhibit A). 4. RADIUS OF INFLUENCE AND DEWATERING RATES Water Science Associates estimated the radius of influence and corresponding pumping rates using the Sichardt’s Equation. We evaluated dewatering needed to depress water levels 32 feet below existing grade for lake excavations. The hydraulic conductivity of the shallow sand sediments was estimated based on Aquifer Performance Test (APT) data from well ROMP74X completed within the interval between 25 and 225 feet below grade and located approximately 2.8 miles west of the project. This APT resulted in a transmissivity of 3,809 ft2/day. Assuming an effective aquifer thickness 225 feet, this results in a hydraulic conductivity of approximately 17 feet/day. A hydraulic conductivity of 20 feet/day is assumed for the calculations below. The SFWMD requires estimation of the Radius of Influence for dewatering and suggest the use of the Sichardt’s Equation. Water Science estimated the potential Radius of Influence (R0) using common assumptions in the Sichardt’s Equation (distributed by the SFWMD), which defines the radius of influence (R0) by the following equation, where h is in feet, K is in feet per day and re is defined by the size of the excavation area in the equation v (length x width / ..) where length and width are in feet: R0=(5.635 × h × vK)+ re re=v( length × width p ) Where, R0 = total radius of influence h = dewatering depth (32 feet for lake excavations) K = hydraulic conductivity (20 feet/day) re = effective radius of influence (800 feet for lake excavations) Based on the above assumptions, the total radius of influence for dewatering a saturated thickness of 32 feet (ignoring the compensation effects of recharge) for an excavation area of 720 feet by 720 feet (approximate 12-acre lake cell) is about 1,200 feet. Calculations of the estimated flow volumes were derived from the parameters provided by the Sichardt’s Equation. Based on those calculations, the pumping needed to depress water levels by 32 feet for lake excavations is approximately 8 MGD. Dewatering may occur at multiple work areas during lake and utility installations. Depending on variations of lithology, transmissivity, and initial dewatering rates (vs. sustained rates), dewatering may require up to 10 MGD for the project site. Higher or lower permeability zones may be encountered which could result in higher or lower pumping rates to depress water levels. Refer to Exhibit E for the calculations used for estimation of the potential radius of influence and dewatering rates. The above calculations are used as general estimates of the radius of influence and of pumping rates that may occur onsite if no hydraulic barriers such as retention areas or existing lakes are present. The actual radius of influence will be much smaller considering surface water features present in the area of the project site, coupled with lake and effluent retention areas that will be constructed onsite. The calculations rely on assumed conditions such as consistent hydraulic conductivity, aquifer homogeneity, constant hydraulic gradients, no recharge features, etc. The calculations are useful to aid in determining potential worse-case impacts and anticipated pumping needs, but do not necessarily represent expected onsite conditions or exact pumping rates that may be required. SECTION D IMPACT ASSESSMENTS 1. WATER RESOURCE AVAILABILITY Existing land surface elevation at the project site is approximately +69 feet NAVD. Based on nearby hydrogeologic data of well ROMP74X, the base of the Surficial Aquifer which includes the Water Table Aquifer, is expected to occur at approximately 225 feet below grade (-156 feet NAVD). Considering the maximum proposed dewatering depth at the project site is approximately 32 feet below grade (+37 feet NAVD), excavation and dewatering operations are not expected to penetrate confining layers of the Water Table Aquifer or underlying aquifers. All water produced during dewatering at the project site will be maintained onsite, providing direct recharge to the Water Table Aquifer. Recharge trenches and onsite retention areas used for dewatering effluent containment will be located in relative close proximity to the area being dewatered, ensuring that any temporary drawdown in the Water Table Aquifer will be localized and should not result in significant effects on the potentiometric surface offsite. The potential for harm to occur to the water resource availability of the aquifer as a result of the withdrawal of the recommended allocation is considered minimal. 2. EXISTING LEGAL USERS The nearest existing legal user of the Water Table Aquifer is the Solivita development (Water Use Permit No. 53-00020-W), located approximately 300 feet south of the project site across Cypress Parkway. All water produced during dewatering at the project site will be maintained onsite, providing direct recharge to the Water Table Aquifer. Additionally, the temporary retention basins and previously constructed lakes used for containment will be located in close proximity to the area being dewatered, ensuring that any temporary drawdown in the Water Table Aquifer will be localized and should not result in significant impacts to offsite water levels. The potential for harm to occur to existing legal users as a result of the proposed dewatering activity is considered minimal. 3. SALINE WATER INTRUSION The nearest source of saline surface water is the Indian River estuary, located approximately 60 miles east of the project site. The Water Table Aquifer is expected to be fresh in the vicinity of the project site. Saline water intrusion or upconing in the Water Table Aquifer is not considered to be an issue in this portion Osceola County. Additionally, all water produced during dewatering will be maintained on the project site providing recharge of fresh water in close proximity to the area being dewatered, further limiting the potential impacts from saline water intrusion or upcoming. The potential for saline water intrusion or upconing to occur as a result of the proposed dewatering activity is considered minimal. 4. WETLANDS This phase of development contains preserved wetland areas onsite. In order to protect these areas, recharge trenches and temporary retention basins are proposed between the locations being dewatering and the wetlands. The location of these containment areas will minimize any potential adverse impacts to the water levels in wetlands. Additionally, the utility installation portions are linear and transient in nature, which will prevent prolonged periods of pumping from any single location or area, thereby minimizing potential impacts to resources or nearby sensitive environments. The potential for harm to occur to wetlands as a result of the dewatering activities is considered minimal. 5. POTENTIAL SOURCES OF POLLUTION Water Science reviewed the Florida Department of Environmental Protection Map Direct: Contamination Locator GIS system and the DEP Cleanup Sites layer to aid in identifying potential contaminated facility data. Review indicates two sites of potential contamination. The nearest site is the Poinciana City-PW Dept facility (FDEP Facility ID 8944629), located approximately 2.54 miles southeast of the project site. This site is currently listed as “pending” remediation status for petroleum contamination. The next closest site the 7-Eleven store #37676 (FDEP Facility ID 8735506), located approximately 3.01 miles east of the project site, which is listed as having petroleum contamination undergoing “active” remediation. Both facilities are located a sufficient distance from proposed dewatering that adverse impacts as a result of the project are not a concern. All water produced during dewatering at the project site will be maintained onsite, providing direct recharge to the Water Table Aquifer. Additionally, recharge trenches and onsite retention areas used for dewatering effluent containment will be in close proximity to the area being dewatered, ensuring that any temporary drawdown in the Water Table Aquifer will be localized and should not result in significant effects on the potentiometric surface offsite, which could induce the movement of contaminants. The potential for movement of contaminants, if present, from pollution sources as a result of the proposed dewatering activity is considered minimal. 6. OTHER The surrounding land use is primarily vacant and residential uses. There are other users of the Water Table Aquifer in the vicinity of the project. The requested water use is not expected to result in significant reduction in water levels on offsite properties to the extent that the designed function of a water body and related surface water management improvements are damaged (not including aesthetic values), damage to agriculture, including damage resulting from reduction in soil moisture resulting from consumptive use, nor land collapse or subsidence caused by reduction in water levels associated with consumptive use. SECTION E ADDITIONAL INFORMATION 1. LEGAL CONTROL AND LAND USE Osceola County Property Appraiser information, and corporate records from Sunbiz.org demonstrate that LT Westview, LLC maintains legal authority to apply for this Water Use Permit. All withdrawal facilities are located within the project site and the water allocation requested is compatible with the land use at the project (Sections 2.1.1, 2.1.2, and 2.1.3 of the Applicant’s Handbook). 2. WATER CONSERVATION PLAN Dewatering will be utilized only when necessary. The dewatering time and depth will not exceed that required to perform the work. 3. WATER USE ACCOUNTING If required under this Individual dewatering permit, the permittee shall equip each facility with a District-approved operating water use accounting system and, if required, will submit a report of calibration to the District. 4. PERMIT REPORTING REQUIREMENTS If required under this individual dewatering permit, monthly withdrawals for each withdrawal facility shall be submitted to the District quarterly. 5. SOURCES OF LIMITED AVAILABILITY The Water Table Aquifer is considered a source of limited availability in this region of Florida. However, this project will result in limited withdrawal of water for a short period of time. Based on this, any potential drawdown to the Water Table Aquifer is not expected to result in adverse impacts. 6. PERMIT DURATION This is a new application for a new Individual Water Use Permit for Construction Dewatering. Dewatering at the project is expected to be completed within 3 years of starting. The permit duration is requested to be 3 years. Westview Pod B Aquifer thickness: 200 feet (a) 60.957 meters Aquifer Kh 20 feet/day (a) 7.056E-05 met/sec Excavation Trench: Length 720 feet (b) 219.445 meters Width 720 feet (b) 219.445 meters Dewater depth 32 feet (c) 9.753 meters Ro = 3000(H-h)sqrt(K) aquifer thickness H dewater thickness h 60.957 meters 51.204 meters Ro 245.77 meters 806.4 feet re = sqrt((L x W)/ pie) re 123.809 meters 406.22 feet Total R: 1212.59 feet Q n * q = p*Kh * [(H2 - h2)/(ln Ro - ln re)] n*Q 1093.919 for n = m3/sec GPM MGD: 0.68566 1 3.536E-01 5605.248 8.072 2.217E-04 10 560.52 H2 - h2 ln Ro - ln re p * Kh Tentative Order of Excavation Lake Name Lake Area (Acres) Est. Dewatering Duration (Days) Average Daily Pumpage (MG) Esimated Volume (MG) 1 3A130 11.34 56.7 8.0 454 2 3A120 2.91 14.5 8.0 116 3 3A110 1.19 6.0 8.0 48 4 3A100 0.82 4.1 8.0 33 5 2A100 1.24 6.2 8.0 50 6 2A110 2.84 14.2 8.0 113 7 2A120 4.74 23.7 8.0 190 8 2A130 3.74 18.7 8.0 149 9 2A140 2.58 12.9 8.0 103 10 2B120 2.31 11.5 8.0 92 11 2B100 2.32 11.6 8.0 93 12 3B110 1.85 9.2 8.0 74 13 3B100 2.12 10.6 8.0 85 14 2B130 2.97 14.9 8.0 119 15 2B110 1.97 9.8 8.0 79 16 3B120 2.76 13.8 8.0 110 17 2B140 0.77 3.9 8.0 31 18 2B160 1.60 8.0 8.0 64 19 2B150 1.06 5.3 8.0 43 20 2B180 1.58 7.9 8.0 63 21 2B170 2.04 10.2 8.0 82 22 4A110 2.49 12.5 8.0 100 23 4A100 2.64 13.2 8.0 105 24 4B100 1.28 6.4 8.0 51 25 4B110 1.00 5.0 8.0 40 26 4B120 0.70 3.5 8.0 28 27 5A110 4.47 22.3 8.0 179 28 5A100 2.21 11.1 8.0 88 29 2B200 5.22 26.1 8.0 209 30 5A140 3.99 19.9 8.0 160 31 5B100 4.66 23.3 8.0 186 32 5D100 3.20 16.0 8.0 128 33 5C100 2.95 14.7 8.0 118 34 5C110 5.49 27.4 8.0 219 35 5A150 3.89 19.5 8.0 156 Total 98.94 495 N/A 3958 This Agreement made and entered into on Monday, January 13, 2025 by and between the Poinciana West Community Development District, a local unit of special purpose government of the State of Florida hereinafter referred to as the 'Special District', and Neil Combee, Polk County Property Appraiser, a Constitutional Officer of the State of Florida, whose address is 255 North Wilson Ave., Bartow, FL 33830, hereinafter referred to as the 'Property Appraiser'. 1. Section  http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0197/Sections/0197.3632.html Florida Statutes, provides that special assessments of non-ad valorem taxes levied by the Special District may be included in the assessment rolls of the County and collected in conjunction with ad valorem taxes as assessed by the Property Appraiser.  Pursuant to that option, the Property Appraiser and the Special District shall enter into an agreement providing for reimbursement to the Property Appraiser of administrative costs, including costs of inception and maintenance, incurred as a result of such inclusion. 2. The parties herein agree that, for the 2025 tax year assessment roll, the Property Appraiser will include on the assessment rolls such special assessments as are certified to her by the Poinciana West Community Development District. 3. The term of this Agreement shall commence on January 1, 2025 or the date signed below, whichever is later, and shall run until December 31, 2025, the date of signature by the parties notwithstanding. This Agreement shall not automatically renew. 4. The Special District shall meet all relevant requirements of Section javascript:void(window.open('http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0197/Sections/0197.3632.html','_blank')) & javascript:void(window.open('http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0190/Sections/0190.021.html%20%20','_blank')) Florida Statutes. 5. The Special District shall furnish the Property Appraiser with up-to-date data concerning its boundaries and proposed assessments, and other information as requested by the Property Appraiser to facilitate in administering the non-ad valorem assessment in question.   Specifically, if assessments will be included on the 2025 TRIM Notice, the Special District shall provide proposed assessments no later than Friday, July 11, 2025. The Special District’s assessments shall, as far as practicable, be uniform (e.g. one uniform assessment for maintenance, etc.) to facilitate the making of the assessments by the mass data techniques utilized by the Property Appraiser. 6. The Special District shall certify to the Property Appraiser the Special District’s annual installment and levy no later than Monday, September 15, 2025. The Property Appraiser shall, using the information provided by the Special District, place the Special District’s non ad-valorem special assessments on properties within the district for inclusion on the 2025 tax roll. 7. The Property Appraiser shall be compensated by the Special District for the administrative costs incurred in carrying out this Agreement at the rate of 1% of the amount levied on the TRIM Notice or if the TRIM Notice is not used, the rate shall be 1% of the amount levied on the 2025 tax roll. For the TRIM Notice, the Property Appraiser will require payment on or before Monday, September 15, 2025 for processing within the Property Appraiser budget year (October 1st – September 30th). 8. If the actual costs of performing the services under this agreement exceed the compensation provided for in Paragraph 7,  the amount of compensation shall be the actual costs of performing the services under this agreement. 9. If tax roll corrections are requested by the Special District, the Property Appraiser shall be compensated by the Special District for the administrative costs incurred at the rate of $5.00 for each tax roll correction exceeding ten (10) corrections per tax year. The Special District shall indemnify and hold harmless, to the extent permitted by Florida law and without waiving its right of any applicable sovereign immunity, the Property Appraiser and all respective officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the Property Appraiser and all respective officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the negligent or intentional acts or omissions of the Special District or its employees, agents, servants, partners, principals, or subcontractors arising out of, relating to, or resulting from the performance of the Agreement. The Special District shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the Property Appraiser where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. EXECUTED By: ______________________________ Special District Representative ______________________________ Print name ______________________________ Title Date Neil Combee Polk County Property Appraiser By: SIGNATURE Neil Combee, Property Appraiser ENGINEERING AGREEMENT WHEREAS, the Poinciana West Community Development District (“District”), a specialpurpose unit of local government established and existing pursuant to Chapter 190, Florida Statutes, solicited for proposals from companies interested in serving as Engineer to the District; and WHEREAS, RAYL ENGINEERING & SURVEYING, LLC, a limited liability company duly registered and doing business in Florida (“Engineer”), submitted a proposal to serve as Engineer and provide engineering services to the District; and WHEREAS, the District’s Board of Supervisors (“Board”) received multiple responses to its request for qualifications, and ranked Engineer as its choice to meet its engineering needs; and WHEREAS, the District intends to employ Engineer to perform engineering, surveying, planning, landscaping, environmental management and permitting, financial and economic studies, and such other work as defined in separate work authorizations; and WHEREAS, the Engineer shall serve as the District’s professional representative in each service or project to which this Agreement applies and will give consultation and advice to the District during the performance of these services. NOW THEREFORE, in consideration of the mutual covenants herein contained and the acts and deeds to be performed by the parties, the receipt and sufficiency of which are hereby acknowledged, it is mutually covenanted and agreed as follows: THIS AGREEMENT is effective as of the date of its execution by both parties and shall remain in effect until terminated under the terms contained herein. ARTICLE 1: SCOPE OF SERVICES The Engineer will provide general engineering services including, but not limited to, the following: . Preparation of any necessary reports and applications. . Attendance (remotely) at meetings of the Board. For Regular Board meetings convened approximately six times per year, Engineer agrees that it shall not charge hourly rates for time spent travelling to and from the meeting unless in-person attendance is requested by the Board, District Manager, or any of their designees. . Assisting in meeting with necessary parties to effectuate the issuance of bonds, special reports, feasibility studies and other tasks as requested by the Board. . Performance of any other duties related to the provision of infrastructure and services as requested by the Board. The Engineer shall prepare, or cause to be prepared, or review construction drawings and specifications for the type of work as authorized by the Board. This may also include, but is not limited to, rendering assistance in the drafting of forms, proposals and contracts, issuance of certificates of construction and payment, assisting and/or supervising the bidding processes, and any other activity required by the Board. The Engineer shall, when authorized by the Board for construction projects approved by the Board, provide general services during the construction phase including, but not limited to, the following: • Periodic visits to the site, or full-time construction management services, only as directed by the Board. • Processing of contractors’ pay estimates and invoices for any. • Final inspection and requested certificates for construction, including the final certification of construction. • Consultation and advice during construction, including performing all roles and actions required of any construction contract between the District and any contractor(s) in which Engineer is named as the owner’s representative or “Engineer.” • Any other activity related to construction as authorized by the Board. With respect to maintenance of facilities, the Engineer shall render such services as authorized in writing by the Board. ARTICLE 2: METHOD OF AUTHORIZATION Each service or project shall be authorized in writing by the District. The written authorization shall be incorporated in a Work Authorization that shall include the scope of work, compensation, and special provisions or conditions specific to the service or project being authorized. Authorization of services or projects under the contract shall be at the sole option and discretion of the District. ARTICLE 3: COMPENSATION It is understood and agreed that the payment of compensation for services under this contract shall be stipulated in each Work Authorization. One of the following methods shall be utilized: Lump-Sum Amount: The District and the Engineer shall mutually agree to a lump-sum amount for the services to be rendered payable in proportion of the work accomplished. Hourly Personnel Rates: For meeting attendance, meeting-related services or projects where scope of services is not clearly defined, or recurring services or other projects where the District desires, the use of the hourly compensation rates in Schedule A (the “Fee Schedule”) shall remain in effect. On the anniversary date of this Agreement, the parties may renegotiate the Fee Schedule. ARTICLE 4: REIMBURSABLE EXPENSES Reimbursable expenses consist of actual expenditures (without markup or override) made by the Engineer, its employees, or its consultants in the interest of the project for the incidental items listed below or on the Fee Schedule: Expenses of transportation when traveling in connection with a project (other than meeting attendance not chargeable under Article 1 above), for expedited delivery fees, and fees paid for securing approval of authorities having jurisdiction over a project. All expenditures shall be made in accordance with Chapter 112, Florida Statutes, and with the District’s travel policy. Expenses incurred in the reproduction, postage and handling of drawings and specifications except those used for in-house purposes. ARTICLE 5: SPECIAL CONSULTANTS Any subconsultant to be retained by the Engineer shall be first approved in writing by the District. When a subconsultant is retained by the Engineer to assist in the provision of services, such additional special services shall be paid for on a cost basis. Such services and fees shall be included in any Work Authorization. ARTICLE 6: ACCOUNTING RECORDS Records of the Engineer pertaining to the services provided hereunder shall be kept on a basis of generally accepted accounting principles and shall be available to the District or its authorized representative for observation or audit at mutually agreeable times. In addition, the Engineer acknowledges that the provisions of Article 14 of this Agreement may apply to these records. ARTICLE 7: REUSE OF DOCUMENTS All documents including drawings and specifications furnished by the Engineer pursuant to this Agreement are instruments of service to be used by the District and upon delivery to the District shall become the property of the District. They are not intended or represented to be suitable for reuse by others or for extensions of the work for which they were provided or on any other project. Any reuse by the District without specific written consent by the Engineer will be at the District’s sole risk. ARTICLE 8: ESTIMATE OF COST Since the Engineer has no control over the cost of labor, materials, or equipment, or over a contractor’s methods of determining prices, or over competitive bidding or market conditions, its opinions of probable cost provided as a service hereunder are to be made on the basis of its experience and qualifications and represent its best judgment as a professional familiar with the construction industry, but the Engineer cannot and does not guarantee that proposals, bids, or the construction costs will not vary from opinion of probable costs prepared by it. If the District wishes greater assurance as to the construction costs, District shall employ an independent cost estimator at its own expense or may direct that such work be accomplished through the Engineer. Services to modify approved documents to bring the construction cost within any limitation established by the District will be considered additional services and may justify additional fees. ARTICLE 9: INDEPENDENT CONTRACTOR In all matters relating to this Agreement, the Engineer shall be acting as an independent contractor. Neither the Engineer nor employees of the Engineer, if any, are employees of the District under the meaning or application of any Federal or State Unemployment or Insurance Laws, or Old Age Laws or otherwise. The Engineer agrees to assume all liabilities or obligations imposed by any one or more of such laws with respect to employees of the Engineer, if any, in the performance of this Agreement. The Engineer shall not have any authority to assume or create any obligation, express or implied, on behalf of the District and the Engineer shall have no authority to represent as agent, employee, or in any other capacity, the District, unless set forth differently herein. ARTICLE 10: INSURANCE The Engineer shall, at its own expense, maintain insurance during the performance of its services under this Agreement, with limits of liability not less than the following: Worker’s Compensation Statutory General Liability Bodily Injury (including contractual) $1,000,000/$2,000,000 Property Damage (including contractual) $1,000,000/$2,000,000 Automobile Liability (if applicable) Combined Single Limit $1,000,000 Bodily Injury Property Damage Professional Liability for Errors and Omissions $1,000,000. The Engineer shall provide the District with a certificate evidencing compliance with the above terms and naming the District as an additional insured, except for worker’s compensation and professional liability policies. The Engineer shall provide the District with thirty (30) days notice of cancellation of such insurance. At no time shall the Engineer be without insurance in the above amounts. ARTICLE 11: CONTINGENT FEE The Engineer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 12: AUDIT The Engineer agrees that the District or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any books, documents, papers and records of the Engineer involving transactions related to the Agreement. The Engineer agrees that payment made under the Agreement shall be subject to reduction for amounts charged thereto that are found on the basis of audit examination not to constitute allowable costs. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of all work under the Agreement. ARTICLE 13: INDEMNIFICATION The Engineer agrees to indemnify and hold harmless the District, its officers, the District Manager and employees, of and from liabilities, claims, causes of action, demands, suits, or losses by any person, corporation or other entity to the extent caused by the negligent acts, errors or omissions of the Engineer or Engineer’s agents or employees, in the performance of professional services under this Agreement. The Engineer agrees that nothing herein shall constitute or be construed as a waiver of the District’s limitations on liability pursuant to Section 768.28, Florida Statutes, or any other Statute or law. Nothing in the Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred by operation of law. The District recognizes that the Engineer is entering into this Agreement during an ongoing enterprise and that the Engineer has had no involvement in any matters of the District including design or construction of the District’s works. In consideration of the foregoing, the District agrees that it has no claim against Engineer and its officers, related directors, employees, agents, successors and assigns from any and all liabilities, claims, causes of action, demands, suits or losses by any person, corporation or other entity arising from the design, construction or any other matter associated with the District’s works that have occurred prior to the date of this Agreement. ARTICLE 14: PUBLIC RECORDS The Engineer agrees and understands that Chapter 119, Florida Statutes, may be applicable to documents prepared in connection with work provided to the District and agrees to cooperate with public record requests made thereunder. The Engineer shall allow access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes. ARTICLE 15: EMPLOYMENT VERIFICATION A. The District is subject to the requirements of section 448.095, Florida Statutes, pertaining to the use of the E-Verify system to confirm the work authorization status of all employees hired on or after January 1, 2021. By signing this Agreement Engineer acknowledges and confirms that it is registered with and uses the E-Verify system to confirm the work authorization status of all new hires. Engineer further confirms that it shall only subcontract work to be performed under this Agreement to subcontractors who are registered with and use the EVerify system and have provided to Engineer the affidavit described in section 448.095(5)(b). Engineer must maintain a copy of the subcontractor’s affidavit for the duration of this Agreement. B. Upon a good faith belief that Engineer has knowingly violated section 448.09(1), District shall terminate this Agreement. Such termination shall not constitute a breach by the District. In addition, Engineer may not thereafter be awarded a public contract for at least 1 year after the date on which this Agreement was terminated and shall be liable to District for any additional costs incurred thereby as a result of the termination. C. Upon a good faith belief that any of Engineer’s subcontractors have knowingly violated section 448.09(1), but the Engineer otherwise complied with this subsection, District shall promptly notify the Engineer and order the Engineer to immediately terminate its contract with the subcontractor. ARTICLE 16: CONTROLLING LAW The Engineer and the District agree that this Agreement shall be controlled and governed by the laws of the State of Florida. The venue/jurisdiction for any legal proceedings brought hereunder shall be brought in the courts of Polk County, Florida. ARTICLE 17: WAIVER OF JURY TRIAL The parties hereby knowingly, irrevocably, voluntarily and intentionally waive any rights to a trial by jury in respect to any action, proceeding or counterclaim based on this contract arising out of, under, or in connection with this contract or any document or instrument executed in connection with this contract, or any course of conduct, course of dealing, statements (whether verbal or written) or action of any party hereto. This provision is a material inducement for the parties entering into the subject agreement. ARTICLE 18: ASSIGNMENT Neither the District nor the Engineer shall assign, sublet, or transfer their rights, duties, interest or obligations under this Agreement without the express written consent of the other. Nothing in this paragraph shall prevent the Engineer from employing such independent professional associates and consultants, as appropriate, pursuant to Article 5 herein. ARTICLE 19: AMENDMENT Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing, which is executed by both of the parties hereto. ARTICLE 20: TERMINATION The District may terminate this Agreement, in whole or in part, for failure of the Engineer to perform in accordance with the terms of this Agreement or for any reason, at the District’s sole discretion, upon thirty (30) days written notice. The Engineer may terminate this Agreement for cause upon ninety (90) days written notice. At such time as the Engineer receives notification of the intent of the District to terminate the contract, the Engineer shall not perform any further services unless directed to do so by the Board in writing. In the event of any termination, Engineer will be paid for services actually rendered to the date of termination and all reimbursable expenses incurred to the date of termination. ARTICLE 21: NOTICES Any notice provided by this Agreement to be served in writing upon either of the parties shall be deemed sufficient if delivered to an authorized representative of either of the parties, or if mailed, by registered or certified mail, return receipt requested, to the address of the party set forth below or to such other addresses as the parties hereto may designate in writing. Such notice shall be effective from the date the same is deposited in the mail, registered or certified mail, return receipt requested, first class postage prepaid and addressed as follows: if to Engineer: Rayl Engineering & Surveying, LLC 810 East Main Street Bartow, Florida 33830 Attn: Alan L. Rayl, PE, PSM, Manager if to District: Poinciana West Community Development District c/o Governmental Management Services Central Florida, LLC 219 E. Livingston St. Orlando, FL 32801 Attn: Tricia Adams, District Manager with copy to: Clark & Albaugh, PLLC 1800 Town Plaza Court Winter Springs, FL 32708 Attn: Scott D. Clark, Esq., District Counsel ARTICLE 22: RECOVERY OF COSTS AND FEES In the event either party is required to enforce this Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover from the other party all fees and costs incurred including reasonable attorneys’ fees and costs whether incurred prior to, during, or post litigation, appeal, or through alternative dispute resolution. ARTICLE 23: OBJECTIVE CONSTRUCTION AND ACCEPTANCE This Agreement reflects the negotiated agreement of the parties, each represented by competent legal counsel. Accordingly, this Agreement shall be construed as if both parties jointly prepared it, and no presumption against one party or the other shall govern the interpretation or construction of any of the provisions of this Agreement. Acceptance of this Agreement is indicated by the signature of the authorized representative of the District and the Engineer in the spaces provided below. ARTICLE 24: SEVERABILITY Should any clause, paragraph or other part of this Agreement be held or declared void or illegal, for any reason, by any court having competent jurisdiction, all other clauses, paragraphs or parts of this Agreement shall nevertheless remain in full force and effect. ARTICLE 25: ANTI-HUMAN TRAFFICKING AFFIDAVIT REQUIREMENT The District is subject to the requirements of section 787.06(13), Florida Statutes (2024) pertaining to human trafficking. As such, Contractor must execute the affidavit attached hereto as Schedule “B.” IN WITNESS WHEREOF, the parties hereto have caused these present to be executed the day and year first above written. POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT By: _________________________________ Name: ___________________ Title: ___________________ RAYL ENGINEERING & SURVEYING, LLC By: ________________________________ Name: _____________________ Title: _____________________ SCHEDULE A FEE SCHEDULE SCHEDULE B ANTI-HUMAN TRAFFICKING AFFIDAVIT NONGOVERNMENTAL ENTITY ANTI-HUMAN TRAFFICKING AFFIDAVIT (Section 787.06(13), Florida Statutes (2024)) STATE OF FLORIDA COUNTY ____________________ BEFORE ME, the undersigned, a Notary Public in and for the County and State aforesaid, personally appeared ("Affiant") who, being first duly sworn, on oath, says: Affiant is an officer or authorized representative Rayl Enginenering & Surveying, LLC (“Company”) and Affiant attests that Company does not use coercion for labor or services as defined in Section 787.06, Florida Statutes (2024). UNDER PENALTY OF PERJURY, I hereby declare and affirm that the above stated facts are true and correct. DATED as of _____________________, 202__. _____________________________ [Name] [Title] Affiant SWORN TO AND SUBSCRIBED before me by means of . physical presence or . online notarization, this ____ day of _______________, 202__, by ________________________, who is personally known to me or produced _____________________________ as identification. ______________________________ Notary Public (Seal) RESOLUTION 2025-03 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT APPROVING A PROPOSED BUDGET FOR FISCAL YEAR 2025/2026 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW; ADDRESSING TRANSMITTAL, POSTING AND PUBLICATION REQUIREMENTS; ADDRESSING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the District Manager has heretofore prepared and submitted to the Board of Supervisors (“Board”) of the Poinciana West Community Development District (“District”) prior to June 15, 2025, a proposed budget (“Proposed Budget”) for the fiscal year beginning October 1, 2025, and ending September 30, 2026 (“Fiscal Year 2025/2026”); and WHEREAS, the Board has considered the Proposed Budget and desires to set the required public hearing thereon. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT: 1. PROPOSED BUDGET APPROVED. The Proposed Budget prepared by the District Manager for Fiscal Year 2025/2026 attached hereto as Exhibit A is hereby approved as the basis for conducting a public hearing to adopt said Proposed Budget. 2. SETTING A PUBLIC HEARING. A public hearing on said approved Proposed Budget is hereby declared and set for the following date, hour and location: DATE: July 16, 2025 HOUR: 9:30 AM LOCATION: The Gator Room 385 Village Dr. Poinciana, FL 34759 3. TRANSMITTAL OF PROPOSED BUDGET TO LOCAL GENERAL PURPOSE GOVERNMENT(S). The District Manager is hereby directed to submit a copy of the Proposed Budget to Polk County, Florida at least 60 days prior to the hearing set above. 4. POSTING OF PROPOSED BUDGET. In accordance with Section 189.016, Florida Statutes, the District’s Secretary is further directed to post the approved Proposed Budget on the District’s website at least two days before the budget hearing date as set forth in Section 2 and shall remain on the website for at least 45 days. 5. PUBLICATION OF NOTICE. Notice of this public hearing shall be published in the manner prescribed in Florida law. 6. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution, or any part thereof. 7. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 19TH DAY OF MARCH 2025. ATTEST: POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT _____________________________ Secretary / Assistant Secretary Chair/Vice Chair, Board of Supervisors Exhibit A: Proposed Budget POINCIANA COMMUNITY 113 of 173 T POINCIANA COMMUNITY DEVELOPMENT DISTRICT Stormwater Pond Specifications *POINCIANA COMMUNITY DEVELOPMENT DISTRICT (CDD) STORMWATER POND MAP AVAILABLE AT POINCIANACDD.ORG BENEFICIAL PLANTINGS LITTORAL PLANTINGS CONSIDERED BEST PRACTICE FOR CENTRAL FLORIDA INCLUDE PICKERELWEED, SPIKERUSH, AND DUCK POTATO. SPIKERUSH DUCK POTATO PICKERELWEED Spikerush is effective in utilizing water nutrients which assists in preventing nuisance algae blooms. Spikerush is usually planted closest to the water’s edge as it tolerates fluctuations in water levels.There are more than 30 types of spikerushes growing in Florida alone! Duck potato grows in natural marshes. It will grow in a damp muddy soil to 2 feet of water. It is an emergent that grows 2 to 4 feet tall. The plant has strong roots and can survive wide variations of the water level. Duck potato has shiny white flowers that grow on stalks. Ideal for shallower portions of the pond. Grows 3-4ft. tall. It has creeping underwater rhizomes with heart- shaped leaves and violet- blue spikes extending about the water. Its beautiful flowers attract bees and butterflies, as well as dragonflies, which consume mosquito larvae. One of the more aesthetically pleasing littoral plants. PICTURED RIGHT: THE MIX OF THE THREE BENEFICIAL PLANTS WERE PLANTED ALONG THE RESIDENTIAL PROPERTY SIDE OF E3. 1 Poinciana West CDD Field Management Report | GMS 2025 Poinciana West Community Development District March 19th, 2025 Joel Blanco - Field Services Manager GMS 158 of 173 Site Items 2 Poinciana West CDD Field Management Report | GMS 2025 Aquatics and Midge Management Maintenance Review Site Items has continued to review the ponds throughout the district. Several ponds have continued to experience low water levels during the dry season with most edges exposed. Field Staff has noticed several ponds experiencing dollar weeds growing by their edges. Vendor was sent a list of ponds with current dollar weeds for treatment. Most of the algae blooms experienced last month caused by the HOA’s fertilization has been treated. Littoral plantings have thrived during the dry months, as most duck potatoes and pickerelweed have started to bloom. Large Traffic Cone was removed and disposed from P19B. 3 Poinciana West CDD Field Management Report | GMS 2025 Landscaping Maintenance Review Site Items GMS staff continues to review all CDD landscaping areas throughout the district including dry ponds. Reviewed landscaping remains in satisfactory standards--clean and tidy pond tracts at the end of resident property line with pond banks at appropriate height levels with some mowed during the dry season in preparation for the spring rain. Dry ponds have been serviced with some areas that have held more water than others scheduled for string trimming. 160 of 173 4 Poinciana West CDD Field Management Report | GMS 2025 Field Staff has continued to monitored the restorative progress of P-19A. Sod that was laid during the 1st repair of the eroded areas on the resident side, has established and greener than anticipated during the dry season. Weeds that were previous mowed further into the bank has shown signs of coming back. Landscaping vendor has been scheduled to mow area again. Water levels have stabilized and currently several inches higher than in reported in the Jan. FMR. Gators were present during review with no wildlife signs present. Attached is a proposal to install a “Beware of Wildlife” sign for both 19A & 19B. Field Staff will continue to monitor as the spring rain fills the pond back to normal water levels. Site Items Review of P-19A 161 of 173 5 Poinciana West CDD Field Management Report | GMS 2025 Site Items Review of P-19A Field Staff was made aware of CDD owned Cypress Tree roots encroaching the foundation of a home on Indian Wells Ave. After review trees were confirmed on the CDD tract with roots indeed close to the home. Attached is a proposal to remove (3) Cypress Trees and cap the irrigation line. 162 of 173 6 Poinciana West CDD Field Management Report | GMS 2025 Conclusion For any questions or comments regarding the above information, please contact me by phone at 786-238-9473, or by email at jblanco@gmscfl.com. Thank you. Respectfully, Joel Blanco 163 of 173 All Services By Customer Summary Page 1 of 1 Monday, February 10, 2025 10:15:14 AM Run By: kissasst Poinciana West Community Dev. Dist. (P07800) Filter Date between 01/01/2025 and 01/31/2025 Customer Work Type P07800 - Poinciana West Community Dev. Dist. Municipal Back Pack P07800 - Poinciana West Community Dev. Dist. Municipal Back Pack P07800 - Poinciana West Community Dev. Dist. Municipal Back Pack P07800 - Poinciana West Community Dev. Dist. Municipal Back Pack P07800 - Poinciana West Community Dev. Dist. Night Truck P07800 - Poinciana West Community Dev. Dist. Night Truck P07800 - Poinciana West Community Dev. Dist. Night Truck Service Item Service Item Description KIS1768 - Nat G30 10 lbs per acre KIS1818 - Strike Pellets 10lbs/acre KIS1768 - Nat G30 10 lbs per acre KIS1818 - Strike Pellets 10lbs/acre KIS2715 - Biomist 4+4 ATV/ULV KIS2827 - Biomist 4+4 Truck ULV KIS2827 - Biomist 4+4 Truck ULV End Date Used Quantity Unit Of Measure Start Date 01/03/2025 3.47 acr 01/03/2025 01/03/2025 0.41 acr 01/03/2025 01/23/2025 3.47 acr 01/23/2025 01/23/2025 0.41 acr 01/23/2025 01/13/2025 3.00 mi 01/13/2025 01/16/2025 4.00 mi 01/16/2025 01/31/2025 3.00 mi 01/31/2025 Treated Ponds 1,2,8 6 1,2,8 6 All Services By Customer Summary Page 1 of 1 Monday, March 10, 2025 12:54:28 PM Run By: kissasst Poinciana West Community Dev. Dist. (P07800) Filter Date between 02/01/2025 and 03/07/2025 Customer Work Type P07800 - Poinciana West Community Dev. Dist. Municipal Back Pack P07800 - Poinciana West Community Dev. Dist. Municipal Back Pack P07800 - Poinciana West Community Dev. Dist. Night Truck P07800 - Poinciana West Community Dev. Dist. Night Truck P07800 - Poinciana West Community Dev. Dist. Night Truck P07800 - Poinciana West Community Dev. Dist. Night Truck P07800 - Poinciana West Community Dev. Dist. Night Truck P07800 - Poinciana West Community Dev. Dist. Night Truck P07800 - Poinciana West Community Dev. Dist. Night Truck P07800 - Poinciana West Community Dev. Dist. Night Truck Service Item Service Item Description KIS1768 - Nat G30 10 lbs per acre KIS1818 - Strike Pellets 10lbs/acre KIS2715 - Biomist 4+4 ATV/ULV KIS2827 - Biomist 4+4 Truck ULV KIS2715 - Biomist 4+4 ATV/ULV KIS2827 - Biomist 4+4 Truck ULV KIS2715 - Biomist 4+4 ATV/ULV KIS2715 - Biomist 4+4 ATV/ULV KIS2827 - Biomist 4+4 Truck ULV KIS2827 - Biomist 4+4 Truck ULV End Date Used Quantity Unit Of Measure Start Date 03/04/2025 3.29 acr 03/04/2025 03/04/2025 0.41 acr 03/04/2025 02/06/2025 3.00 mi 02/06/2025 02/07/2025 4.10 mi 02/07/2025 02/14/2025 3.20 mi 02/14/2025 02/14/2025 4.10 mi 02/14/2025 02/20/2025 3.00 mi 02/20/2025 02/25/2025 2.10 mi 02/25/2025 02/28/2025 4.10 mi 02/28/2025 03/06/2025 4.20 mi 03/06/2025 31.50 Treated Ponds 1, 2, 8 1, 2, 6, 8,15, 21